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ML Sharma v CBI & Ors

ML Sharma v CBI & Ors

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Published by barandbench
ML Sharma v CBI & Ors
ML Sharma v CBI & Ors

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Categories:Types, Business/Law
Published by: barandbench on Nov 18, 2013
Copyright:Attribution Non-commercial


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 Writ Petition (CRL.) of 2013 IN THE MATTER OF Manohar Lal Sharma Advocate S.C.B.A.L.No.-1 Supreme Court of India New Delhi-110001 Resident of, 31, Gyangudery, Vrindaban Mathura , U.P. Petitioner VERSUS 1. Central Bureau of Investigation Through Director Plot no.5-B , 6th floor ,CGO Complex Lodhi Road New Delhi 110003 2. The Times of India through Chief Editor Bahadur Shah Zafar Marg Near I.T.O., New Delhi 3. Attorney General of India Shri Gulam Vahanavati Supreme Court of India New Delhi
4. Journal of Indian Law and Society
 through chairman The National University of Juridical Sciences Dr. Ambedkar Bhavan 12, LB Block, Sector III, Salt Lake City, Kolkata – 700098 5. LegallyIndia.com Registrar Mesh Digital Ltd Through chairman 3 Quarry St, Lime Quarry Mews, Guildford, Surrey GU1 2RD, United Kingdom +44 1483 304030  Also Through Mr. Kian Ganj Editor of LegallyIndia.com  At Delhi : KIan.ganj@legallyindia.com
6. Stella James c/o
Journal of Indian Law and Society
 The National University of Juridical Sciences Dr. Ambedkar Bhavan 12, LB Block, Sector III, Salt Lake City, Kolkata 700098 Respondents
Writ Petition (PIL) u/a. 32 & 21 of the Constitution of India Read with Contempt of Court Act. To, The Hon’ble Chief Justice of India  And His Companion Judges of the Supreme Court of India.
The Petitioner most
 humbly showeth, 1. The Petitioner, citizen of India & by profession an advocate practicing at the above address, is filing the present writ petition (PIL) under Art.32 & 21 of the Constitution of India read with Contempt of Court Act for direction to enquiry, investigate and to prosecute respondents no.2, no.4, no.5 and no.6 for their defamatory and contumacious action against the judicial institution, Supreme Court of India and its Judges, in the interest of justice. That the Respondent no. 3 may kindly be admonished for his brazen attempts to derail by delay the inquiry committee already instituted by this Hon’ble Court to delve into the utterly atrocious allegations leveled against a recently retired judge of this Hon’ble Court. 2. The Petitioner in the morning of 12.11.2013 had already mentioned the salient facts concerning the actions of the Respondents to the Hon’ble Chief Justice of India, and a judicial committee of 3
  judges of the Hon’ble Supreme Court was kindly instituted to inquire into the statements widely circulated and published by Respondents No.2, 4, 5 and No.6.
3. That the Petitioner is filing the present petition also to decide
 the following constitutional questions of law arising therefrom;- i. Whether a diaphanous statement of reference is sufficient report of offence / guilt? ii. Whether publication of such flimsy statement(s) is not an offence to defame prestige of a judicial institution? iii. Whether said publication is not malafide and liable to be punished as a contempt of court? iv. Whether publication of sheer statement and skimpy reference is not an act calculated to defame? 4. That Respondent no.4 is a foreign company having its temporary working office in Delhi, Mumbai through its editor Mr. Kian Ganj. This website name is “legallyindia.com@ privatemonster.com” and belongs to its registrar Mesh Digital Limited having as above said address. In fact it is a foreign company and is working in India through internet and its editor and other reporter only. Stella James does not disclose her identity. Possibly she also does not belong to Indian culture/society. 5. The petitioner, who is an advocate, is duty bound to come forward to protect and preserve the reputation of the judicial institutions which are the only hope of the general public against the corruption and scandals of the politicians, industrialists etc. During the last few months the Supreme Court & other high courts and tribunals have taken stern actions against the corruption, scandals and exploitations by the politicians and industrialists, and consequently these entrepreneurs and speculators are intent on tarnishing the sterling image and reputation India’s high judiciary commands. The recent FIR lodged by CBI against Kumarmangalam Birla of Calcutta and Hindalco for allotment of coal block has rocked the industrial classes, as has the entry of the CBI into

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